Contract Law and the Unexpected.

Format:

Book

Author/Creator:

Davies, Paul S.

Language:

English

Subjects (All):

Contracts.

Uncertainty.

Physical Description:

1 online resource (251 pages)

Edition:

1st ed.

Place of Publication:

Oxford : Bloomsbury Publishing Plc, 2026.

Summary:

Explores how contracts can manage uncertainties.

Contents:

Intro

Preface

Contents

Contributors

Table of Cases

Table of Legislation

1. Contract Law and the Unexpected: A Comparative Perspective

I. Introduction

II. The Challenge of Change of Circumstances and the Significance of Default Rules of the Law of Contract

III. The Civil Law Approach

the Example of French Law

IV. The Common Law Approach

the Example of English Law

V. Some Comparative Conclusions

2. Constructing Frustration

I. The Current Doctrine of Frustration

II. Economic Approaches to Frustration

III. Economic Analysis and English Law

IV. Conclusion

3. Managing Unexpected Events in Global Markets: Lessons from LIBOR

I. ' Unexpected Events ' and Global Markets

II. The Limits of Contractual Planning

III. Strategies for LIBOR Cessation

IV. Implications

4. Smart Contracts and the Unexpected

I. The Nature of Computer Code

II. Mistake and Smart Contracts in the Singapore Court of Appeal - Quoine v B2C2 Ltd

III. Unilateral Mistake: The Knowledge Requirement

5. Interpreting the Contract in the Light of Unexpected Events

II. Unexpected Events: Plain Meaning Interpretation and Bad Bargains

III. Unexpected Events: Contextual Interpretation and Rescue

IV. Questions Surrounding an Interpretative Approach to Unexpected Events

V. Conclusion: The Future of the Interpretative Approach to Unexpected Events

6. Purposive Interpretation of Longer-term Charters

II. Mutual Recognition and Purposive Interpretation

III. Longer-term Vessel Charters

IV. Opportunistic Suspension or Termination of Contractual Obligations

V. Construction of Charterparty Contracts

VI. Conclusion

7. Hardship

II. Express Provision

III. Frustration

IV. Interpretation

V. Implication.

VI. Changing the Default Rule

8. 'Hell or High Water' Clauses

II. Hell or High Water Clauses in Practice

III. Is there Any Role for the Doctrine of Frustration ?

IV. Statutory Protections against Unfair Terms

V. Conclusion

9. The Idea of Variation

II. Cobalt Data

III. Variation and Party Autonomy

IV. Party Autonomy

V. The Idea of Variation

VI. Powers to Vary Contracts and Powers to Form Contracts

VII. Justifying the Legal Conception of Variation

VIII. Variation in Context

IX. Envoi

10. Specific Performance Clauses

II. The Limited Availability of Specific Performance

III. Specific Performance as an Agreed Remedy

IV. The Response of the English Courts to Specific Performance Clauses

V. The Possible Supervisory Jurisdiction of the Court

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9781509989010

OCLC:

1592689299